How do I challenge a notarized document that claims the deceased gifted their business interest during life if we believe the signature was forged? – North Carolina Short Answer In North Carolina, a notarized document is not automatically “bulletproof,” but it does start with a legal presumption that the notarial act was done correctly. A…
Do I need to open probate in the jurisdiction where the timeshare is located to transfer or dispose of it? – North Carolina Short Answer Often, yes—if the timeshare is a deeded real estate interest located outside North Carolina, the law of the place where the property sits usually controls how title is transferred, and…
What happens if the estate representative can’t locate the deceased owner’s account details needed by the timeshare company? – North Carolina Short Answer In North Carolina, a timeshare company will usually refuse to discuss or change a deceased owner’s account until it receives proof of death and proof that the caller has legal authority to…
Can I challenge the estate distribution and recover my share if someone took it without my consent? – North Carolina Short Answer Yes. Under North Carolina probate practice, an heir or beneficiary can ask the Clerk of Superior Court (the probate court) to require an accounting, investigate missing estate assets, and order the return of…
How do I file a claim against an estate for unpaid caregiving services? – North Carolina Short Answer In North Carolina, unpaid caregiving services can sometimes be paid from a deceased person’s estate, but the caregiver usually must file a written creditor claim in the estate administration. The claim is typically delivered to the personal…
Who is allowed to get a death certificate if I’m a beneficiary but not immediate family? – North Carolina Short Answer In North Carolina, a non-family beneficiary can often obtain a certified death certificate if the request is for a legal determination of personal or property rights (for example, to claim an inheritance or complete…
What happens to a house and vehicles during probate, and can I stay in the home while the estate is being handled? – North Carolina Short Answer In North Carolina, a decedent’s house usually passes to the heirs or will beneficiaries at death, but the personal representative (executor/administrator) may still take control of the property…
What happens to vehicles that still have loans during probate, and do I have to keep making payments while the estate is being settled? – North Carolina Short Answer In North Carolina probate, a vehicle with an outstanding loan is still subject to the lender’s lien, even after the owner dies. During administration, the personal…
Do I have to open a probate case even if the deceased person had no money or property? – North Carolina Short Answer Not always. In North Carolina, a probate estate is usually opened to appoint a personal representative (an “administrator” if there is no will) so that person can act with court authority, such…
What happens if the employer says information is missing and the estate payout is delayed? – North Carolina Short Answer In North Carolina, an employer (or the employers benefits administrator) will usually pause a final paycheck, accrued leave payout, or employer-related death benefit until the correct person proves legal authority to receive it and the…
